2026/06/01

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Cabinet approves draft eugenics legislation

July 01, 1982
A new baby-Sometimes a blessing, sometimes a burden. (File photo)
After 10-year controversy, Cabinet approves draft eugenics legislation

Many Chinese still believe that "more posterity means more prosperity." One Taipei woman gave birth to 22 children. Another, with eight daughters, rejected advice on birth control because she did not yet have a boy. Although these are unusual cases, they are part of the background for Taiwan's population explosion.

At the end of World War II, when the island was returned to the Republic of China by Japan, it had a population of just six million. Now, the figure has trebled, to more than 18 million. The population of Taipei city in the same period rose from 360,000 to 2.25 million.

Taiwan today ranks second in population density in the world, next only to Holland, but Taiwan has more mountains and fewer flatlands. Despite strenuous government effort to slow population growth, the natural rate of increase still hovers above 1.9 percent.

Because the law prevents abortion, deformed births are frequently reported, even though pediatricians have previously diagnosed their situation. Since National Taiwan University Hospital successfully separated male Siamese twins, at least three more sets have been reported.

Illegal abortion is prevalent. Evidence is found in the bristling signboards of gynecological clinics in Taipei's back alleys. Most attract their clients by advertising that their practitioners are female. As established doctors refuse to do abortions for fear of becoming embroiled with the law, the back-alley clinics prosper.

Of course, many of the clients are unmarried, pregnant women, and the clinics can charge exorbitant prices. What is worse, few of the clinics are manned by qualified gynecologists.

To face these problems, the government began to draft a comprehensive eugenics law ten years ago, but various obstacles- medical, social and religious - have, so far, prevented its enactment. On May 20 this year, a final draft was finally approved by the Cabinet for submission to the legislature. It is expected that it will win approval and come into effect by the end of July 1983.

The draft provides for abortion and sterilization under certain circumstances:

- It clearly defines abortion, sterilization and other related medical terms and stipulates that only government designated medical practitioners are qualified to perform an abortion or sterilization.

- If necessary, the competent organization of the government may demand a woman to undergo a physical examination, and if she is found to have a condition harmful to the bearing of healthy offspring, she may be advised to practice birth control.

- The competent organization of the government shall propagate its services and education on the spacing of births. It shall also provide pre-pregnant, prenatal and postnatal services and education.

- Married men and women may undergo sterilization according to their own wishes if:

1. He or she has obtained the agreement of his or her spouse, or if his or her spouse has been confirmed in a diagnosis as having a hereditary or communicable disease or mental condition that is harmful to the bearing or birth of healthy offspring.

2. Anyone of his or her relatives within the fourth degree kinship has such a hereditary disease.

3. The pregnancy or birth threatens to endanger the woman's health.

4. The fetus is medically established as deformed.

5. The pregnancy is the result of rape.

6. The pregnancy is the result of sexual relations between a man and a woman of close kinship.

- When a doctor has discovered that his or her patient has hereditary, communicable or mental disease and has judged that sterilization is indicated, the doctor shall inform the patient or his or her legal representative.

- If a doctor not designated by the government's competent organization is found to have performed abortion or sterilization, he or she shall be fined in the amount of not less than 5,000 nor more than 15,000 silver dollars (US$385 to US$1,155).

According to Dr. Hsu Tzu-chiu, director general of the Department of Health, the government plans to select large numbers of qualified gynecologists for further training.

Despite the present ban, many gynecologists have performed abortions. A survey conducted by the College of Medicine, National Taiwan University, showed that in 1976 one of ten married women had undergone abortion and that there was an average of one abortion to every six childbirths.

New citizens line up for their share of love, materials and services. (File photo)

Though illegal abortion has been prevalent, the natural population growth rate remains high. The national economic plan calls for reduction of the growth rate to 1.73 percent this year and to 1.22 percent in 1989. But the figure still hovered above 1.9 percent at the end of 1979.

Dr. Hsu said that the proposed eugenics law would help solve the problem of pregnancies caused by birth control failures, and that a main aim of the law is to improve the health of the population.

Most deaths among pregnant women result from bleeding and blood poisoning. The Department of Health said that pregnancy and delivery are dangerous for women with diabetes, kidney troubles, liver diseases, heart conditions, hypertension, goiter disorder and malignant tumor. Under the proposed law, such women are entitled to abortions.

Women with hereditary or communicable diseases or mental troubles harmful to the bearing and birth of healthy off spring-and those who could give birth to deformed children as a result of over doses of radiation or exposure to dangerous chemicals and contaminated foods -are also entitled to abortions.

Many people are afraid that lifting the ban on abortions would open the floodgates to extramarital sex.

Professor Ting Pi-yun holds the view that the law would encourage pre-marriage or non-marital sexual relations and, therefore, create additional social problems. She comments: "Immorality would cause ir remediable loss to the nation." Referring to abortions resulting from rape, she said: "It is inhumane to deprive any child of a right to live if it is known to be healthy."
Professor Chang Hsiao-chun, of the department of sociology of National Taiwan University, disagrees with Professor Ting. He maintains that the flood of change in sexual mores has inundated the world. Unlike the agricultural societies of the past, men and women of modern industrial societies have more and more contact. As a result, old moral criteria have been rendered obsolete and useless, he states. When mistakes occur, we would rather permit pregnant women to solve their problems by reasonable and legal means than to seek solutions from unqualified doctors or give birth to unwanted children.

Despite this conflict of views, both Professors Ting and Chang agree that, to avoid the residual effects of legalized abortion, the burning immediate task is to provide more sex education. It should be provided to students at schools of all levels. Boys and girls should be encouraged to engage in proper social activities so that unhealthy curiosity about the opposite sex can be avoided.

Dr. Li Tze-yao, a gynecologist at National Taiwan University Hospital, says flatly, "The proposed eugenics law is not an abortion law." A pregnant woman cannot apply for abortion simply because she does not desire to give birth. Under certain conditions, a pregnant woman is prohibited from giving birth, even if she wishes to.

At present, abortion is an active business, but gynecologists in the hospitals dare not perform one. They would be considered as having committed a crime in so doing, even if they were exempted from the penalties. If abortion were legalized, both the reputable gynecologists and the pregnant women would be protected.

Dr. Li believes that legalization of abortion will not lead to great changes in sexual mores. He says: "No matter how safe an abortion is, it still involves pain and bleeding. So, who will like it?" People will not change their sexual behavior simply because abortion is legal, he says. People now do not limit their sexual behavior-even "at the critical moment" -simply because abortion is illegal. Unwanted pregnancy is entirely an accident; such persons are not consciously prepared to create a child before they come to sexual relations. The degree of sexual morality is purely the result of successful or unsuccessful ethical education, he says.

Most college students support the liberalization of abortion laws. Gynecologist Chen Hung-ming and psychology Professor Huang Kuo-yen of National Chengchi University jointly conducted a survey of college students' sexual knowledge, altitudes and behavior. Among the more than 2,000 students inter viewed, 11.54 percent opted for an all out liberalization of abortion laws, 84.22 per cent voted for conditional liberalization and 4.24 percent urged maintenance of the legal ban on abortions.

Gynecologist Chen says that, judging from these findings, conditional liberalization of abortion is indicated; but, he says, enforcement of the law must be strict.

Some people express fear that the proposed law will now be compromised by the older generation's intervention into the younger generation's option for abortion. Woman legislator Hu Mei-yu says, "One should not stem the tide of the times."

Lu Hsiu-hua, a college student, urged that parents respect the options of modern young couples, to whom the choice of having two children or three children may involve a sharp choice in life styles. - By S.C. Chen

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